( 1 ) APPELLANTS, who claim to be owners and in possession of Flat No. 11-E on the 11th Floor of property bearing Municipal No. 10, Bhagwan Dass Road, New Delhi, popularly known as white House building, have filed this Letters Patent Appeal against the order of the learned Single Judge, dismissing Civil Writ Petition No. 3135 of 1996 and CM. 5502/96 vide order dated 20. 8. 1996.

( 2 ) THE appellants had filed an appeal bearing No. 307-AT/96 before the Appellate Tribunal, M. C. D. against the demolition order passed by the Chairperson, N. D. M. C. dated 17. 7. 1996 for demolition of four upper floors of the White House building. The appeal was dismissed by the Appellate Tribunal vide a common order dated 26. 7. 1996 by which the appeals of the owners and another flat owner were also dismissed. An appeal bearing No. 40/96-CA was preferred TO by the appellants against the Appellate Tribunal s order before the Lt. Governor, who dismissed the same vide a common order dated 16. 8. 1996 by which the appeal of the owner/builder was also dismissed. The appellants had filed CW. 3130/96 challenging the orders dated 26. 7. 1996 and 16. 8. 1996, which, as noted above, was dismissed by the learned Single Judge.

( 3 ) THE learned Single Judge, while dismissing the writ petition, noticed that the four floors had admittedly been constructed without any sanctioned plan and, therefore, did not find any justification to interfere in the exercise of jurisdiction under Article 226 of the Constitution. The learned Single Judge also noticed that the Civil Writ Petitions bearing Nos. 2891/96 and 2785/96 that had been filed by other flat owners had been dismissed by this court. The appellants in the appeal pray for quashing and setting aside of orders of the Administrator, Appellate Tribunal, M. C. D. , the Lt. Governor and of the learned Single Judge. Directions/declaration is also sought that the four additional floors be declared to be in accordance with guidelines of 8. 2. 1988 and building norms.

( 4 ) NORMALLY in the exercise of appellate writ jurisdiction, we would not have dealt with numerous questions of fact and law sought to be urged before us. This is especially so since the appellate Tribunal and Lt. Governor have in their well reasoned orders comprehensively dealt with the submissions made. However, we find that with regard to this property, a number of petitions and suits in this Court as well as proceedings in other forum are being filed by the purchasers of flats, owners and the builder, resulting in multiplicity of proceedings. In these circumstances, we consider it appropriate that an authoritative pronouncement covering all legal aspect is made by this Court and have therefore opted for a detailed discussion on the pleas raised.

( 5 ) HERE are the facts leading to the filing of the present appeal.

( 6 ) THE appellants, who are husband and wife, entered into an agreement dated 10th November, 1988 for purchase of flat bearing No. 11-E on the 11th Floor of the White House, with M/s. Taj World Fame Builders, Promoter Builder and Power of Attorney holder of the owners. The appellants claim to have paid the entire consideration and are in physical possession of the said flat.

( 7 ) THE builder, acting as the attorney of the owners, on 28. 9. 1984 had applied for the sanction of building plans for basement, ground floor and seven floors. Plans were sanctioned on 21. 11. 1984 with basement, ground floor and seven floors with a maximum height of 80 ft. and F. A. R. of 150 ft.

( 8 ) ON 17. 10. 1985, the Government of India put a temporary ban on construction of multi- storeyed buildings in Delhi and New Delhi pending the finalisation of Master Plan 2001. Multi- storeyed building being a building beyond 45 ft. in height or having more than four storeys with lift.

( 9 ) THE builder applied for and obtained revalidation of the plans on 4. 2. 1988. On 8. 2. 1988, the ban imposed on 17. 10. 1985 was partially lifted, with the M